Minutes of the Spiny Lobster Advisory Panel
Via Conference Call
July 28, 2008
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AP members in Attendance
Karl Lessard, Chairman
Jerry Sansom, Vice-Chairman
Allen Patrick
Scott Zimmerman
Gulf Council
Bob Gill
Staff
Carrie Simmons
Trish Kennedy
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The conference call meeting of the Spiny Lobster Advisory Panel (AP) was called to order by Chairman Karl Lessard at 1:00 p.m. on Monday, July 28, 2008. The agenda was adopted as written. The minutes of the January 17, 2008 meeting were approved as written.
Dr. Simmons began a review of the Spiny Lobster Amendment 8, Section 4.0 Management Alternatives.
Action 1: Minimum Size Limits for Spiny Lobster (Panulirus argus) Imported into the United States
Mr. Lessard noted that the AP during their last conference call has supported the “first approach under Section III” which was now reworded as Alternative 2: No person in the U.S. would be allowed to import a spiny lobster (Panulirus argus), as follows:
1.Any spiny lobster of less than 5 ounces tail weight (5 ounces is defined as a tail that weighs 4.2 – 5.4 ounces). If the imported product does not meet this minimum weight requirement, the person importing the lobster can demonstrate compliance by showing that the product imported satisfies the tail length requirement, or that it was harvested from an animal that satisfied the minimum carapace length requirement of:
a.Greater than 3.0 inches (7.62 cm) carapace length if the animal is whole.
b.Greater than or equal to 5.5 inches (13.97 cm) tail length if only the tail is present.
2.In Puerto Rico and the U.S. Virgin Islands: Any spiny lobster of less than 6.0 ounces tail weight (6 ounces is defined as a tail that weighs 5.9 – 6.4 ounces). If the imported product does not met this minimum weight requirement, the person importing the lobster can demonstrate compliance by showing that the product imported satisfies the tail length requirement, or that it was harvested from an animal that satisfied the minimum carapace length requirement of:
a.Greater than or equal to 3.5 inches (8.89 cm) carapace length if the animal is whole.
b.Greater than or equal to 6.2 inches (15.75 cm) tail length if only the tail is present.
The AP maintained this as their preferred motion.
Mr. Sansom raised concern about the 6 ounce definition being a range of weight.
Mr. Lessard responded the language was reviewed by General Counsel for the U.S. territories and was acceptable.
Mr. Sansom noted the AP previously passed the following motion: That the AP recommends that length rather than weight be the governing factor when determining if a lobster met the regulations.
Dr. Simmons advised that the Caribbean Council also voted to support length rather than weight as the controlling factor.
Mr. Lessard responded that the boxes were put out by size and noted the weight could fluxuate due to the molting stage of the lobster.
Mr. Sansom stated that when shipped by weight, there would be a window of discrepancy. If there was a legal question then the lobster would be measured by length.
Mr. Lessard reported that the Law Enforcement stated it would be easier to carry a measuring tape rather than a scale.
Mr. Sansom wanted to make sure the alternatives would more clearly reflect their concern.
Mr. Patrick was still confused how a 6 ounce tail could be defined as 5.9-6.4 ounces.
Mr. Sansom responded that the measurement cannot be exact. Similarly, shrimp are also graded by a small size range.
Mr. Lessard added that the goal was to obtain a 5 pound box of tails for sale/shipping.
Dr. Simmons referred to Mr. Lessard’s comment made before the meeting started about Alternative 2 under 1a.
Mr. Lessard replied that he would prefer that the language reflect “greater than or equal to” rather than “greater than 3.0 inches”.
Mr. Gill noted that on page 51 of the document it stated thestate of Florida required the minimum to be greater than 3 inches long (68B-24.003(1), F.A.C.).
Mr. Lessard noted that the gauge he uses is 3 inches, implying that the minimum acceptable size was 3 inches.
Mr. Sansom pulled the regulations from Florida’s web site for (68B-24.003(1), F.A.C.) and reported that it too read the carapace would be illegal if it was 3 inches or less” so the wording of the alternative and the amendment was correct.
Mr. Lessard replied that he was in error.
Action 2: Implement Other Import Restrictions on Spiny Lobster
Mr. Sansom moved: The AP recommends Alternative 2 – Do not allow the importation of spiny lobster tail meat which is not in whole tail form with the exoskeleton attached; and do not allow the importation of spiny lobster with eggs attached or importation of spiny lobster where the eggs, swimmerets, or pleopods have been removed or stripped.
Motioncarried without opposition.
Other Business
Mr. Zimmermanreferred to Section 610 page 50 – Equivalent Conservation Measures in the Magnuson Act, and raised concern about the evaluation of the nation’s adoption of a regulatory program governing fishing practices. He noted that other nations must provide documentary evidence that they have reduced bycatch in their fisheries. He has not seen that evidence and how they have reduced bycatch in their fisheries. He particularly was interested in casita fisheries.
Mr. Lessard responded that it would be difficult to get subject this into the amendment. Also, there was not a law that prohibited casita fisheries.
Mr. Zimmerman responded that casita wasn’t listed as an approved fishery tool.
Mr. Lessard offered to review the issue further and address it with Council members at their next meeting. He added that the Council was concerned with addressing the fisheries that were overfished first before concentrating effort on non-overfished fisheries.
Acceptable Catch Limits/Accountability Measures
Mr. Lessard noted the Spiny Lobster AP would prefer that the ACLs and AMs should be based on stock assessments rather than landings since there were so many under-reported landings.
Dr. Simmons stated staff wanted to wait until the first of next year to address these issues.
There being no further business, the conference call meeting was adjourned at 2:45 p.m.
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